Applicant S200 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs

[2003] FCA 1201

FEDERAL COURT OF AUSTRALIA

Applicant S200 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1201

APPLICANT S200 OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ANOR

N357 OF 2003

EMMETT J
21 MAY 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N357 OF 2003

BETWEEN:

APPLICANT S200 OF 2002
APPLICANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE OF ORDER:

21 MAY 2003

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.        the application be dismissed;

2.        there be no order as to costs.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N357 OF 2003

BETWEEN:

APPLICANT S200 OF 2002
APPLICANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:

EMMETT J

DATE:

21 MAY 2003

PLACE:

SYDNEY

REASONS FOR JUDGMENT

1. This matter was remitted from the High Court by order of Gaudron J on 6 February 2003.  When the matter was called on for directions today, there was no appearance for the applicant.  I have evidence before me that the applicant departed Australia voluntarily on 5 December 2002.  That explains his non-appearance.  The first respondent, the Minister for Immigration & Multicultural & Indigenous Affairs (‘the Minister’), seeks an  order under O 10 r 3 of the Federal Court Rules for summary dismissal of the application for want of appearance.  The Minister does not ask for costs. 

2. In the circumstances, the Minister’s request appears to me to be the appropriate course.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated:             29 October 2003

Counsel for the Applicant:	No appearance
Solicitor for the Respondents:	Australian Government Solicitor
Date of Hearing:	21 May 2003
Date of Judgment:	21 May 2003